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2017 Supreme(Ori) 1302

BISWANATH RATH
Manager, Bajaj Allianz General Insurance Company Limited – Appellant
Versus
Chairperson, Permanent Lok Adalat – Respondent


Advocates Appeared:
For Petitioner: M/s.Adam Ali Khan, S.K. Mishra, S. Ganesh & S.K. Sahoo.
For Opp. Parties : M/s.Ashok Das, P. Sethy & N. Nayak (Opp. Party No.2)

JUDGMENT

BISWANATH RATH, J. - This writ petition has been filed assailing the award dated 30.6.2016 find place at Annexure-4 where the Permanent Lok Adalat allowed the application filed by the opposite party No.2 under Annexure-1 directing therein the present petitioner to pay 3/4th of Rs.11,25,162/- as compensation to the opposite party No.2 for loss of his vehicle under insurance cover of the present petitioner.

2. Short back ground involved in the case is that the opposite party No.2 is the registered owner of TATA TIPPER bearing Registration No.OR-07-Z-7677 being insured with the present petitioner-company under Commercial Vehicles Package Policy bearing No.OG-14-2413-1803-00001426 remaining valid from 29.3.2014 till 28.3.2015 mid night. It appears, during validity of the Insurance Policy, indicated hereinabove, the vehicle of the opposite party No.2 was stolen in the night of 26th January 2015 on which a F.I.R. was lodged with B.N. Pur Police Station in the district of Ganjam on 28.1.2015.Subsequently, on 11.2.2015 the opposite party No.2 also informed the petitioner-Insurance Company in writing regarding the loss of the vehicle and making thereby a claim for the value of the












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